The plaintiff prayed among other things for sale of mortgaged property i.e. enforcement of a mortgage. The defendants in the counterclaim filed a suit against the plaintiffs. In its written statement of defence to the main suit the plaintiff then defendant raised a counter claim. However, on 03.10.2012 the Plaintiffs withdrew the main suit with liberty to re-file the same in the High Court, Dar es Salaam Registry. Following withdrawal of the main suit the matter was scheduled to proceed with the counter claim/cross suit. In the written statement of defence to the cross suit the defendants raised four preliminary objections on points of law that; the plaintiff had no any cause of action against the 3rd defendants as he has no capacity to enter into a contract. The 3rd Defendant was not a legal entity and therefore had no capacity to be sued or sue. The plaintiff had no cause of action against the 1st and 2nd defendants as the contracts of guarantee and mortgage deeds were void for operative mistake on the existence of the subject matter.